HB 0491 2003
1	CHAMBER ACTION
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6	The Committee on Education K-20 recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
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11	A bill to be entitled
12	An act relating to an exemption from public records
13	requirements of certain information held by the Florida
14	Institute for Human and Machine Cognition, Inc.; creating
15	an exemption from public records requirements for
16	specified materials, actual and potential trade secrets,
17	patentable material, proprietary information received,
18	generated, ascertained, or discovered during the course of
19	research conducted by or through the institute and its
20	subsidiaries, business transactions resulting from such
21	research, information received by the corporation or a
22	subsidiary from a person from another state or nation or
23	the Federal Government which is otherwise confidential or
24	exempt, information received by the corporation or a
25	subsidiary in the performance of its duties and
26	responsibilities which is otherwise confidential and
27	exempt, and identifying information of a donor or
28	prospective donor to the corporation or a subsidiary;
29	providing for specified access to certain information by
30	governmental entities; creating an exemption from public
31	meetings requirements for portions of meetings of the
32	corporation or a subsidiary at which confidential or
33	exempt information is presented or discussed; providing
34	for future review and repeal; providing a statement of
35	public necessity; providing a contingent effective date.
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37	Be It Enacted by the Legislature of the State of Florida:
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39	Section 1. Florida Institute for Human and Machine
40	Cognition, Inc.; public records exemption; public meetings
41	exemption.--
42	(1) The following information held by the Florida Institute
43	for Human and Machine Cognition, Inc., or an authorized and
44	approved subsidiary of the corporation, is confidential and
45	exempt from the provisions of s. 24(a), Art. I of the State
46	Constitution and s. 119.07(1), Florida Statutes:
47	(a) Materials that relate to methods of manufacture or
48	production, potential trade secrets, patentable material, actual
49	trade secrets as defined in s. 688.002, Florida Statutes, or
50	proprietary information received, generated, ascertained, or
51	discovered during the course of research conducted by or through
52	the Florida Institute for Human and Machine Cognition, Inc., and
53	its subsidiaries, and business transactions resulting from such
54	research.
55	(b) Any information received by the corporation or a
56	subsidiary from a person from another state or nation or the
57	Federal Government which is otherwise confidential or
58	exempt pursuant to the laws of that state or nation or pursuant
59	to federal law.
60	(c) Any information received by the corporation or a
61	subsidiary in the performance of its duties and responsibilities
62	which is otherwise confidential and exempt by law.
63	(d) All identifying information of a donor or prospective
64	donor to the corporation or a subsidiary who wishes to remain
65	anonymous.
66	(2) The corporation or its subsidiary shall permit any
67	governmental entity to inspect or copy confidential or exempt
68	information held by the corporation or its subsidiary that is
69	necessary for that governmental entity to perform its duties and
70	responsibilities. Any governmental entity that is permitted to
71	inspect or copy confidential and exempt information held by the
72	corporation or a subsidiary shall maintain the confidential and
73	exempt status of that information.
74	(3) That portion of a meeting of the corporation, and that
75	portion of a meeting of a subsidiary, at which information is
76	presented or discussed that is confidential and exempt pursuant
77	to subsection (1) of this section is exempt from s. 24(b), Art.
78	I of the State Constitution and s. 286.011, Florida Statutes.
79	(4) This section is subject to the Open Government Sunset
80	Review Act of 1995 in accordance with s. 119.15, Florida
81	Statutes, and shall stand repealed on October 2, 2008, unless
82	reviewed and saved from repeal through reenactment by the
83	Legislature.
84	Section 2. The Legislature finds that it is a public
85	necessity that certain records of the Institute for Human and
86	Machine Cognition, a not-for-profit corporation, or a
87	subsidiary of that corporation, which records contain
88	proprietary confidential business information be made
89	confidential and exempt. Materials that relate to methods of
90	manufacture or production, actual or potential trade secrets,
91	patentable materials, business transactions, or proprietary
92	information received, generated, ascertained, or discovered
93	during the course of research conducted by the corporation or a
94	subsidiary, and business transactions resulting from such
95	research must be made be confidential and exempt because the
96	disclosure of such information would create an unfair
97	competitive advantage for the persons receiving such
98	information, which would adversely impact the corporation or its
99	subsidiaries. If such confidential and exempt information
100	regarding research in progress were released pursuant to a
101	public records request, others would be allowed to take the
102	benefit of the research without compensation or reimbursement to
103	the institute. The Legislature further finds that information
104	received by the not-for-profit corporation or its subsidiaries
105	from a person in another state or nation or the Federal
106	Government which is otherwise confidential or exempt pursuant to
107	the laws of that state or nation or pursuant to federal law
108	should remain confidential or exempt because the highly
109	confidential nature of research necessitates that the not-for-
110	profit corporation or its subsidiaries be authorized to maintain
111	the status of confidential or exempt information it receives
112	from the sponsors of research. Without the exemptions provided
113	for in this act, the disclosure of confidential and exempt
114	information would place the not-for-profit corporation in an
115	unequal footing in the marketplace as compared with its private
116	research competitors that are not required to disclose
117	confidential and exempt information. The Legislature finds that
118	the disclosure of confidential and exempt information would
119	adversely impact the corporation or a subsidiary from fulfilling
120	the mission of research and education. It is further a public
121	necessity that the institute and its subsidiaries have the same
122	confidential protections for other information received in the
123	performance of its duties and obligations which is confidential
124	and exempt by law in order to put the institute on an equal
125	footing with other public research institutes and to insure that
126	the institute has similar opportunities for success as its
127	private research competitors. In addition, the Legislature
128	further finds that the identity of a donor or prospective donor
129	who wishes to remain anonymous be confidential and exempt from
130	public disclosure in the same manner provided to the direct
131	support organizations at the state universities in section
132	1004.28(5), Florida Statutes. This exemption is necessary,
133	because the disclosure of such information may adversely impact
134	the institute’s ability to receive donations from individuals
135	who request anonymity. Additionally, the Legislature further
136	finds that it is a public necessity that portions of such
137	meetings at which proprietary confidential business information,
138	including materials that relate to methods of manufacture or
139	production, actual or potential trade secrets, patentable
140	materials, business transactions, proprietary information
141	received, generated, ascertained, or discovered during the
142	course of research, or business transactions resulting from such
143	research, is being discussed are exempt under public open
144	meeting laws in order to allow the not-for-profit corporation
145	and its subsidiaries to maintain the confidentiality of this
146	information and to prevent an unfair competitive advantage for
147	the persons receiving this information.
148	Section 3. This act shall take effect July 1, 2003, if HB
149	315 or similar legislation is adopted in the same legislative
150	session or an extension thereof and becomes law.